Today the Hungarian Parliament passed a law, Article 33 of which introduces ‘birth sex’ instead of ‘gender’ in personal documents, therefore making impossible the recognition of trans people’s gender. Activist dr. Zsófia A. Szabó spoke to Humen Online about the context and the potential effects of the (then only proposed) law.
Why is the legal recognition of gender so important?
Without this you are disadvantaged in almost every area of life, as the data in your documents do not reflect the way the world sees you. A lot of problems, discrimination and even worse things can result from this. No wonder this is a basic human right all over the world, and especially in Europe. We are talking about a disempowered, extremely vulnerable group, who without this opportunity will be exposed to various forms of discrimination and even potentially vigilantism. Day by day we can read that especially in the Americas many trans people, especially trans women of color, fall victim to hate crime and murder.
In a less serious case the law will ‘only’ lead to extreme unemployment and underemployment (work in a position way below one’s qualifications) and disadvantages during one’s studies. Also, trans people will have to fight discrimination in almost all areas of life, most importantly in health care. Therefore, their physical and mental health is likely to decline. These are all long-term consequences of them not being able to get their gender recognized.
This is why the Hungarian trans movement and its LGBTQIA and other allies have long been trying to create a functioning and transparent legal environment for gender recognition, which is in synch with human rights. In spite of several efforts this has not happened, and Article 33 is a huge step back.
In what kinds of situations could it be a problem if you cannot change your gender on your documents?
In Hungary you often have to identify yourself, and a trans person handing over their documents is at the mercy of the person receiving them. Will they make a scene, express their opinion loudly in front of everyone, or just make faces and then make comments behind our backs? Or will they treat us like another human being? It’s a bit of a Russian roulette. Of course this may happen to anyone who’s ‘unusual’ in any way, but it is much more common for trans people, and will become even more common after Article 33 enters into force.
Have you had such experiences yourself?
Of course I have – I think very few trans people have escaped this completely. Though it was almost ten years ago that I went through a legally unregulated but rather smooth process of name and gender change, but prior to that I had had some experiences like this. Once I tried to pay with the credit card still bearing my previous name, and the shop assistant told me: “Madam, you can’t use your husband’s credit card!” Suddenly the only idea I had was deepening my voice to a level I had never used before and said: “This is my credit card. Should I show my ID, too?” It worked, the shop assistant was completely shocked. But it could have worked out much worse.
How has the bill affected you and why is it dangerous for the Hungarian trans community?
I wouldn’t say it surprised me. All the Hungarian governments since 2010 have had a problem with us – the whole LGBTQIA community, homeless people, people living in a family model different than the one the government promotes, victims of violence and women in general, and many others. A vivid example is when on May 5th the Parliament rejected the ratification of the Istanbul Convention for good.
Still, the news shocked me, and all the scenarios I have described above went through my mind. I am more worried about my trans sisters and brothers than myself – I am in the privileged position of having dual citizenship, and most of my documents have been issued by the country where I live, so the Hungarian authorities could not change them even if the law was also applied retrospectively. Trans people living in Hungary, on the other hand, have been turned into scapegoats in order to divert attention from the crimes the government commits against the whole population. And if we speak up, we will be accused of selfishly thinking only of ourselves in this crisis situation caused by the virus. Even though it was them who started thinking about this issue by putting it into the new bill. A typical populist, demagogue tactic, accusing your opponent with what you yourself are doing. Unfortunately it works, the majority of people fall for this communication.
Our organization, along with Budapest Pride and Háttér Society, has published a joint press release on this issue, which many other civil society organizations joined as well. They are actively lobbying for the cause of trans people, which I am really grateful for. In Prizma we are also working to increase the morale and resilience of the trans community through online events, where we have non-violent communication workshops and thematic discussions. Our last discussion focused on moving abroad, examining several potential destinations, because many of us have already left Hungary and our sisters and brothers must be prepared to do so too, in case the new law does not leave them another option.
